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ELDER LAW & GUARDIANSHIP

Our compassionate, caring and experienced attorneys help seniors and their family members navigate the difficult and complex journey of planning for their future. Our services protect you with the preparation of wills, powers of attorney, and medical documents. 

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Our elder law attorney team focuses on assisting seniors and others with special needs – and their respective families – with asset protection and care planning. We also focus on many of the other complicated legal issues faced by seniors and those with disabilities.

EXPERIENCE & CONFIDENCE

Over the years, our Elder Law & Guardianship attorneys have successfully helped our clients navigate the world of eldercare and the planning required to be comfortable with late-life living situations. Planning for this stage of life is the most commonly overlooked and procrastinated aspect of estate planning, or life-planning in general, that we see. People often think they have all the time in the world to plan for these situations, but they sneak up on you quicker than you'd think. These are some aspects of eldercare we think you should consider:

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  • Caregivers: More than ever before, caregiving is becoming a significant part of everyday life for millions of families throughout the United States. As our population ages, more families are providing care for older adults at home, and an increasing number of people will require such care in the future.

  • Nursing Home Decisions: Often, an aging parent or family member with a disability requires an intensive level of care and around-the-clock supervision, something that a caregiver is realistically unable to provide singlehandedly. That's when it might be time to start considering nursing homes or other alternative living situations that can help provide care.

  • Medical Planning: Do you know what type of health care you would want if you became too sick to tell the doctor yourself? It's something most people don't want to think about but becomes a necessary planning step in your late-life estate plan once you reach that stage in your life. It's important to plan ahead for those situations because you definitely don't want to stumble into a medical situation underprepared. 

  • Medical Assistance Planning: As you research senior living options, you’ll discover not only are there different types of communities, but there are different types of financial and admission agreements as well. Understanding the complexities of financial planning for this stage of life will help you make an informed decision and create a smarter plan for the future.

  • Late-Life Estate Planning: Failing to leave a plan for an estate means leaving loved ones unprepared for the decisions they will have to make, as well as the possibility of state and local laws creating obstacles in intended inheritance.

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Find out below how our elder law & guardianship attorneys can help you or your loved one navigate through this stage in life and make some very important decisions.

PROTECTING YOUR HOME FROM NURSING HOME COSTS

Long-term care is expensive. As of 2022, the average cost of nursing homecare in Pennsylvania is over $12,000 per month.  Health insurance and Medicare generally don’t cover long-term care.  As a result, many become concerned over how they’ll pay for nursing care in the event they need it.  Will they be forced to spend all their life savings and even sell their home to pay for care? 

 

Medical assistance is available to pay for nursing care.  More than seven in ten nursing home residents in Pennsylvania utilize Medicaid assistance to cover the cost of care. Unlike other forms of Medicaid assistance, recipients of Medicaid for long-term care in nursing homes must pay back the amount they receive. The State can even recover from the assets of the recipient’s estate after death. This is especially concerning for individuals hoping to leave their home to their loved ones.

 

Although owning a home (if it’s the applicant’s primary residence) generally won’t affect eligibility to receive Medicaid, the State can recover its costs by placing a lien on the home.  A common strategy to avoid a lien is to transfer title to the home to the applicant’s children before applying for assistance.  While this strategy may sound simple, it comes with significant risks.  The timing and means of the transfer require careful planning.

 

If you want to protect your home from nursing home liens, we recommend using a Life Estate Deed or House Trust.  Download our free guide to learn more about how to protect your home and retain many of your home ownership rights for as long as you desire. 

ELDER LAW & GUARDIANSHIP EXPERIENCE

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